JAI SHANKAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant appeal has been filed against Judgment dated 7.12.2015 rendered by the learned Special Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Sessions Trial No. 8/3 of 2014, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, and in default of payment of fine, to further undergo simple imprisonment for a period of three months, for the offence punishable under Section 15 (b) of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) Case of the prosecution, in a nutshell, is that on 26.11.2013, Inspector Lakhbir Singh (PW-9) alongwith HC Dev Raj (PW-4), Constable Rajinder Singh (PW-5) and Constable Subhash Chand was on patrolling duty in official vehicle bearing No. HP-59A-0130 on National Highway at Kainchi Mor. They had set up a Naka at Nalian. At about 9.30 PM, a Bulker bearing registration No. HP-69-0852 came from Kainchi Mor side. It was signalled to stop. Driver was brought down for breath test. He disclosed his name as Jai Shankar. Accused got perplexed. On suspicion, Inspector Lakhbir Singh climbed onto the Bulker and on opening the rear lid on top of the vehicle, a carry bag (Ext. P2), black and white in colour was found with "Kids Fashion", written on it. Inside the bag, six black coloured polythene packets (Ext. P-3 to Ext. P-8) were found, each of them having a white coloured polythene packet (Ext. P-9 to Ext. P-14). All these packets were found to be sealed. They were suspected to be containing poppy straw. Packets were opened and weighed with the help of scale. Packets containing poppy straw (Ext. P-15) were 2.190 kg in weight. Packets were put back in the same black coloured polythene bag and thereafter in the carry bag. Carry bag was sealed in a cloth parcel (Ext. P- 1) with nine seal impressions of 'B'. Parcel was signed by HHC Dev Raj and Constable Subhash Chand and accused. NCB form was filled in. sample seal was taken on separate piece of cloth. Seal impression was put on NCB form and seal was handed over to witness HHC Dev Raj. Seizure memo Ext. PW-4/B was prepared. Rukka Ext. PW-5/A was prepared and handed over to Constable Rajinder Singh with a direction to carry it to Police Station, Swarghat for registration of FIR. Constable Rajinder Singh handed over the Rukka to MHC, who registered FIR (Ext. PW-5/B) and sent the case file to the spot. Case property was handed over to HC Gian Chand, who made entry to this effect in the Malkhana Register at Sr. No. 40. HC Gian Chand handed over the articles to Constable Desh Raj with a direction to carry them to SFSL Junga vide RC no. 101/13 (Ext. PW-8/B). Constable Desh Raj carried all the articles to SFSL Junga and deposited them in safe condition. Investigation was completed. Challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as nine witnesses. Accused was also examined under Section 313 CrPC. He pleaded innocence. One witness was examined by the defence. Learned trial Court convicted the accused as noticed above. Hence, this appeal.